How lands assessed and paid for.

SEC. 10. Whenever it shall be necessary for the said company to enter upon, and occupy, for the purpose of making said road, any land upon which the same may be located, and the owner or owners of said land shall refuse to permit such entry, or occupation, and the parties cannot agree upon the compensation to be made for any injury that may be done to such land by stich entry and occupation, it shall and may be lawful for the parties to appoint three disinterested persons to estimate such damage, who shall take an oath or affirmation, fairly and impartially to estimate the same, and who shall reside within the county where the land lies. The expenses incurred by said appraisers, shall be defrayed by the said company, but if the parties cannot agree upon such persons, or if the persons so chosen shall not decide upon the matter, or if the owner of such land shall refuse or neglect to join in such appointment within twenty days after the requisition for that purpose upon him made, or if such owner sha!! be under legal disability or out of the territory, then it shall be lawful for the judge of the district court of the district in which such land lies, on application of either party, and at the cost and charges of said company, to appoint three disinterested persons of said county, to view and examine said lands, and estimate the injury or damage, if any in their judgment will be sustained as aforesaid, by reason of the location and construction of the said road, and report the same under oath or affirmation, to the district court of said county, which report being confirmed by said court, judgment shall be entered there on. The said viewers shall be entitled to two dollars per day each, for their services, to be paid by the said company in a cases where the damages shall be assessed to a greater amount than the sum that may have been tendered by said company for the use of said land, or be paid by the owner or owners in all cases where the assessed damages shall not be greater than the sum thus tendered: Provided, that in case the owner of such land shall be under any legal disability, the costs of such assessment shall be paid by the company, and it shall be the duty of the appraisers, in estimating such dama ges, to take into consideration the advantages that may ac crue to the owner of said lands from the construction of

said toad: Provided further, that either party may appeal to the said court within thirty days after such report may have been filed in the clerk's office, and such appeal shall be tried as other issues arising in said court: And provided also, that upon payment or tender of payment of the sum specified in the report of the said viewers or appraisers, to the owners of said land, or a deposite of the same for their benefit, with the clerk of the district court of the county in which the land is situated, the said company may immediately take and use the same without waiting the issue of said appeal.

pointed

forfeited.

SEC. 11. The directors of said company may 'appoint a What officers secretary, treasurer, and such other officers as they may find may be apnecessary, and shall have full power to decide the time and manner and proportions in which the said stockholders shall pay the money due on their respective shares, and to declare forfeited to the use of the said company any share or shares How stock held by any person or persons failing to pay an instalment so required to be paid, after advertisement of the same for a period not less than sixty days, in one or more newspapers, as herein before provided: Provided, that no instalment called in at any one time shall exceed five dollars per share, and that no instalment shall be called [in] by the directors without giving at least thirty days' notice thereof in the newspapers

as aforesaid.

SEC. 12. The directors elected as aforesaid shall issue a Certificate is certificate to each stockholder for the number of shares he or sued to stockholders. she shall subscribe for or hold in the said company, signed by the president, countersigned by the secretary, and sealed with the common seal; subject, however, to all the payments due and to become due thereon; which stock may be transferable in person, or by attorney, executors, administrators, guardians or trustees, under such regulations as may be provided in the bye-laws of the company.

SEC. 13. At each annual meeting of the stockholders for the purpose of electing directors, the directors of the preceding year shall exhibit to the meeting a complete statement of the affairs and proceedings of the company for such year; and special meetings of the stockholders may be called by

ment when

made.

Annual state- order of the directors, or by any number of stockholders holding one-fourth in amount of the capital stock of the company, on like notice as required for annual meetings, but no business shall be transacted at such special meeting unless a maSpecial meet jority in value of all the stock shall be then and there repre

ings how

called.

Toll gates may be erect

SEC. 14. On the completion of said road, or any portion of the track not less than five consecutive miles, the company may erect one toll-gate upon their road, and may for every five consecutive miles thereof completed, erect an addition-al toll gate and may demand and receive such tolls as from time to time they think reasonable, not exceeding two cents per mile for any vehicle drawn by two animals; and for any Rates of toll. vehicle drawn by more than two animals, one half-cent per

ed.

Company to report to le gislature.

Penalty for injury to road.

mile for every additional animal; for every vehicle drawn by one animal, one cent per mile; for every horse and rider, ar led horse, three quarters of a cent per mile; and for every twenty sheep or swine, and for every twenty neat cattle, one cent per mile: Provided, that it shall be the duty of said company, during the month of January in each year after the completion of such portion of the road as will authorize them to erect one or more toll-gates, to make a report to the legislature, setting forth particularly the amount of capital. invested, the length of road in operation, the expenses paid and tolls collected during the preceding year, and generally such information in regard to the affairs of the company as the legislature may require; which report shall be verified by the oath or affirmation of the president or secretary, and one of the directors of, said company.

SEC. 15. If any person shall wilfully and knowingly obstruct, break, injure or destroy the road so to be constructed by said company, or any part thereof, or any work, building or fixture attached to or in use upon the same, belonging to said company, such person or persons so offending shall each of them, for every such offence, be liable to a civil suit for the recovery of all damages by said company, in any court Laving competent jurisdiction in the county wherein the offence shall have been committed, and, shall also be subject to indictment,

and upon conviction of such offence shall be punished by fine and imprisonment, or either, at the discretion of the

court.

to be taken

SEC. 16. The stock of every individual which may be Stock liable invested in said corporation shall be liable to be taken for debt. in execution for the payment of his or her debts in such manner as is or may be provided by law: Provided, that all debts due said company from such individual shall be first paid.

Liabilities

SEC. 17. The debts and liabilities of said corporation shall not exceed in amount at any one time, fifty per cent. of its limited. capital actually paid in, and if debts and liabilities shall at any time be incurred to a greater amount than by this section is provided for, the directors of said company shall be jointly and severally individually liable for such excess, in addition to their other liabilities at law and as provided for in this act.

How stock

SEC. 18. The directors of said company may at any anmay be innual or special meeting of the stockholders, with the consent creased. of a majority in amount of such stockholders, provide for such increase of the capital stock of said company as may be found necessary to complete said road in such sections as may have been actually commenced, but remain in an unfinished state for want of means. Provided, that the whole stock of said company shall not be so increased as to exceed at any time four thousand dollars per mile for each mile of road.

SEC. 19. If said company shall misuse or abuse any of the Charter may be resumed. privileges hereby granted, the legislature may resume all' and singular the rights and privileges vested in said company by this act, and may establish rules and regulations for the government of said company in relation to said road and the use of the same.

ble for dama

ges.

SEC. 20. The said company shall be liable for all dama- Company liages which may be sustained by any person or persons, by reason of the omission or neglect to keep said road in good repair.

Part of act repealed.

Duty of reg. ister and receiver.

AN ACT

To amend an act to authorize the further sale of canal lands and for other purposes, and the act amendatory thereto.

Be it enacted by the Council and House of Representatives of the Territory of Wisconsin:

SECTION 1. That so much of an act to authorize the farther sale of canal lands, as provides for the payment by the purchasers of any lands therein specified, to the owners (of) the improvements thereon, shall from and after the first day of June next, be repealed, but nothing herein contained shall "be construed to effect any rights that shall have accrued prior to said date.

SEC. 2. That any purchaser or purchasers of lands granted to, and in the construction of the Milwaukee and Rock River Canal, at any sale prior to A. D. 1845, his, her or their heirs, executors, administrators, or assigns, shall not, prior to [the] first day of June next, avail him, her, or themselves of the provisions of the acts of A. D. 1845 and 1847, it shall be the duty of the register and receiver, or other officer having charge of the mortgages executed by said purchaser, to deinand and receive interest upon the amount required to be paid for cancelling such mortgages at the rate of seven per cent. per annum from said date.

SEC. 3. It shall and may be lawful for any person or persons who may have acquired title to any of the lands mentioned in this act, by tax deed issued from any of the clerks of either of the counties of Milwaukee, Waukesha, or Jefferson, to pay to the receiver of canal lands the amount required to be paid to the territory as provided in this [the] act to which this is amendatory, and upon such payment it shall be the duty of the register and receiver of canal lands, in case suck